High Court Of ChhattisgarhWPC/2388/2016disposed off

M/S A.P.Nirman Limited v. State Of Chhattisgarh

2016-10-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2388 of 2016

1. M/s A.P.Nirman Limited (A Company Registered Under The Provision Of Companies Act 1956), Represented By Its Authorised Director, Mr. Rajesh Kumar Agrawal S/o Late Gopi Ram Agrawal, Aged About 45 Yrs R/o C 86, In Front Of Ashoka Ratna, V.I.P. Estate Shanker Nagar Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principal Secretary, Public Works Department Mantralaya Naya Raipur Capital Complex Head Post Office Raipur, Tahsil & District Raipur Chhattisgarh

2. The Appellate Authority, Under Unified Registration System Of Govt. Of Chhattisgarh Through The Engineer In Chief Public Works Department Sirpur Bhawan, Riapur Tahsil & District Raipur Chhattisgarh

3. The Engineer In Chief, Public Works Department, Govt. Of Chhattisgarh, Sirpur Bhawan, Raipur, Tahsil & Distirct Raipur Chhattisarh

4. The Engineer In Chief Water Resources Department, Sihawa Bhawan, Raipur, Tahsil & District Raipur Chhattisgarh ---- Respondent For Petitioner Shri Raj Kamal Singh, Advocate For Respondent/State Shri P.K. Bhaduri, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

04/10/2016 1.

This petition under Article 226 of the Constitution of India challenges the order passed by the Engineer-in-Chief, Public Works Department, Raipur, lowering the petitioner's grading from 'A' class contractor to 'B' class contractor in the Public Works Deparrtment.

Admittedly under the Centralised Procedures of the Government of Chhattisgarh for Suspension, Demotion, Non-Renewal & De-Registration of Contractors/Firms, 2014 (Centralised Procedures, 2014) provision for appeal has been provided in clause 5 thereof which is to be decided, to the extent practicable, within a period of 30 days from the date of submission of appeal. The petitioner has submitted an appeal on 13-7-2016 which has not yet been disposed of.

Considering the fact that the petitioner's appeal is pending consideration before the Appellate Authority under the Centralised Procedures, 2014, the writ petition is disposed of with a direction to the appellate authority to consider and decide the petitioner's appeal on its own merits, by speaking order, at the earliest preferably within a period of four weeks from today.

Sd/- Judge Prashant Kumar Mishra Gowri